Government Reinstates Indexation Benefit for Property Sales After Backlash

In response to widespread criticism, the government has reversed its decision to eliminate indexation benefits on long-term capital gains (LTCG) from property sales. As of Tuesday, taxpayers will have the option to choose between two tax regimes for properties acquired before July 23, 2024.

Additionally, all properties purchased before the Budget presentation date—July 23—have been grandfathered. In the original proposal, there was no grandfathering for properties bought after April 1, 2001.

What’s Changed?

Under the updated rules, property owners can now select between:

1. 20% LTCG Tax with Indexation: This allows for adjusting the purchase price of an asset for inflation, thus reducing taxable capital gains.
2. 12.5% LTCG Tax Without Indexation: This option offers a lower tax rate but does not account for inflation adjustments.

Taxpayers can choose the option that results in the lower tax liability.

Why the Change?

The initial proposal to remove indexation benefits while offering a lower tax rate of 12.5% led to significant backlash from real estate investors and property owners. Critics argued that without indexation, long-term gains would be overstated, resulting in higher tax liabilities for properties held over extended periods. The backlash led to calls for a more balanced approach, which the government has now addressed by allowing a choice between the old and new tax regimes.

Key Details

• Grandfathering Provision: Properties purchased before July 23, 2024, are grandfathered under the old tax regime with indexation benefits. For properties acquired after this date, only the new 12.5% tax rate without indexation will apply.
• Scope of Indexation: The reinstated indexation benefit applies only to immovable property and not to other unlisted assets like gold. For unlisted securities or shares, different tax rates apply based on the acquisition date.

Additional Amendments

The government also made amendments to the Finance Bill, including:

• Redefinition of Undisclosed Income: The definition now includes incorrect claims of exemption within its scope for block assessments.
• Rollover Benefits: These remain unchanged, meaning that investments in Section 54EC bonds or residential real estate can still benefit from LTCG exemptions.

Industry Reactions

Despite the rollback, concerns remain about the impact of the new regime. Industry watchers worry that the lack of indexation might lead to more frequent secondary market real estate sales and potentially incentivize underreporting of transaction values. However, the government maintains that the new tax regime, even without indexation, will benefit most taxpayers due to the generally high returns on real estate compared to inflation.